Defense Industry Update “Turkey”06 January, 2020
Within the new year several communiques that deal with the importation of certain products that are highly popular within the defense industry are amended. Since all these communiques are entered into force by the beginning of 2020, it is necessary to examine which alterations must be considered by importers under this article.
Legal Update on the Communiqué on Imports of Certain Explosives, Firearms, Knives and Similar Devices
Communiqué on Imports of Certain Explosives, Firearms, Knives and Similar Devices No. 2020/11 (“Communique No. 2020/11”) published in the 3rd repeating Official Gazette dated December 31, 2019 numbered 30995. Accordingly, customs administrations are seeking physical or electronic compliance letters issued by the General Directorate of Security for the registration of customs declarations for the goods specified in the relevant communiqué, concerning the Release for Free Circulation, Transit Regime, Customs Warehousing Regime, Inward and Outward Processing Regime, Processing Under Customs Control Regime and Temporary Import Regime.
In contrast to the repealed Communique No. 2020/11, air gun bullets, other cartridges and parts thereof (except the capsules used in nail punch machines and containing a small amount of gunpowder), bullets and ammunition of other weapons are added to the list.
Legal Update on the Communique regarding Registration of End-User Certificates of Dual-use Items and Technologies
2020/12 numbered Communique regarding Registration of End-User Certificates of Dual-use Items and Technologies (“Communique No. 2020/12”) has entered into force by its publication on the December 31, 2019 dated 3rd repeating Official Gazette. Pursuant to 2nd Article of the Communique No. 2020/12, it is compulsory to register end-user licenses by the Ministry of Trade Directorate General of Importation (“the Directorate”) in order to import dual-use items and technologies to Turkey from other countries. The law aims to control import of dual-use items and technologies that could be used for the purposes of developing weapons of mass destruction. Accordingly, importers shall apply to the Directorate with a petition, a copy signatory circular, power of attorney (if necessary), and Turkish translation of the certificate. As it has been stated by the 3rd Article of the Communique No. 2020/12 a copy of the certificate shall be deposited by the Directorate.
Legal Update on the Communiqué on Imports of War Weapons, Their Components and Parts
A new Communiqué on Imports of War Weapons, Their Components and Parts No. 2020/2 (“Communique No. 2020/2”) published in the 3rd repeating Official Gazette dated December 31, 2019.
The Communiqué has reiterated the abrogated communique No. 2019/2. Accordingly, the goods specified can be imported by companies that obtain permission from the Ministry of National Defense, by the Ministry of National Defense, the Ministry of Commerce Directorate General of Customs Enforcement, the General Commandership of Gendarmerie, the Coast Guard Command, the Ministry of National Security Organization and General Directorate of Security and their authorized institutions.
Authors: Deniz Çelikkaya & Kaan Erdoğan